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BCAK members should be aware that if you choose to take a leave of absence from work, it is in your best interest to consider maintaining your “Practicing Membership” and the insurance coverage that goes along with it.
The reason is that the coverage under the Errors & Omissions (Malpractice) policy which BCAK subscribes to through the CKA, is provided on what is called a “claims made basis”.
- This means that in order for coverage to apply to any claim made against you, you must have a valid policy in effect at the time the claim is made. This may not necessarily be when the loss (injury to the patient/client) occurred.
- Claims or suits frequently do not occur within the policy period during which the actual loss occurs. You remain exposed to claims in future years for work that you have done in the past.
- Typically claims present themselves within a 1 to 5 year period following your rendering of treatment or services. However, law suits may be brought at any time in the future, as there is currently no statute of limitations for civil law suits. In the case of your work as a Kinesiologist, this applies to the professional treatment or assessment decisions made by you in the performance of your work, whether paid or as a volunteer.
- This long claims exposure does not apply to the typical “slip and fall injuries” that are generally covered by your or your employers’ Commercial General Liability (CGL) Insurance, as this type of policy is normally worded differently, providing coverage on an occurrence basis.
Please read your policies carefully and if you have any questions please contact the insurance broker at LMS Prolink (www.insuranceworks.ca), as the BCAK office staff are not licensed insurance brokers and are not permitted to answer questions on insurance coverage.
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Important Members Insurance Info